Kersey v. Sch. River E. S. R.
Pennsylvania Court of Common Pleas, Philadelphia County
No. 170 January Term 1889, Sup. Ct.; court below, No. 472 September Term 1886, C. P. No. 2, On November 6, 1886, John J. Kersey petitioned the court below for the appointment of viewers to assess damages arising to the petitioner, by reason of the location and construction, by the Schuylkill River East Side Railroad Company, of a railroad upon and across certain land in the city of Philadelphia.
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No. 170 January Term 1889, Sup. Ct.; court below, No. 472 September Term 1886, C. P. No. 2, On November 6, 1886, John J. Kersey petitioned the court below for the appointment of viewers to assess damages arising to the petitioner, by reason of the location and construction, by the Schuylkill River East Side Railroad Company, of a railroad upon and across certain land in the city of Philadelphia. Viewers were thereupon appointed, who reported assessing damages in favor of the plaintiff in the sum of $7,700, whereupon the company defendant entered an appeal from the award, and an issue was…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
No complaint is made by the defendant company of the instructions to the jury on the question of damages, and our inquiry is limited to alleged error in the admission of evidence.
The plaintiff was the lessee of a wharf property on the Schuylkill river, in Philadelphia, extending from the river to Twenty-fourth street. It was leased to him as a coal wharf and yard. Upon it he carried on the business of receiving, storing, and delivering coal for other parties, and of receiving, storing, and selling coal and sand on his own- account. The appliances used in the…
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